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Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 4)

Summary

Effective from: 3.00pm 26 October 2020

Posted: 26 October 2020

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 4)

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 31 December 2020 and may be further extended.

Further to this declaration, l, Dr Jeannette Young, Chief Health Officer, reasonably believe it is necessary to give the following directions pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

  1. This Public Health Direction replaces the Public Health Direction referred to as the Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 3) made on 19 May 2020.

  2. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not been expired or been revoked.

Citation

  1. This Public Health Direction may be referred to as the Self-isolation for Diagnosed Cases of COVID-19 Direction (No. 4).

Revocation

  1. The Self-Isolation for Diagnosed Cases of COVID-19 Direction (No. 3) made on 19 May 2020 is revoked from the time of publication of this direction.

Commencement

  1. This Direction applies from the time of publication until the end of the declared public health emergency, unless revoked or replaced.

PART 1 — DIRECTION – SELF-ISOLATION FOR DIAGNOSED CASES OF COVID-19

  1. The purpose of this Part is to require persons diagnosed with COVID-19 to self-isolate in order to limit the spread of COVID-19.

  2. A person who is diagnosed with COVID-19 in Queensland:

    1. if the diagnosis is communicated to the person in a place other than where the person resides, must:

      1. travel directly from that place to a premises that is suitable for the person to reside in and reside in that premises until clearance from self-isolation is given under paragraph 8; or

      2. travel directly to, or remain at, a hospital for medical treatment, and following treatment and discharge from the hospital, travel directly to a premises that is suitable for the person to reside in and reside in that premises until clearance from self-isolation is given under paragraph 8; and

    2. if the diagnosis is communicated to the person in suitable premises where the person resides, must reside in that premises beginning on the day of the diagnosis and ending when clearance from self-isolation is given under paragraph 8; and

    3. must not leave the premises, except:

      1. for the purposes of obtaining essential medical care or essential medical supplies where alternative delivery arrangements to the person are not reasonably practicable; or

      2. Example — a person leaving quarantine to go to a hospital or to obtain medication that cannot be delivered in a rural or regional location

      3. to avoid injury or illness or to escape a risk of harm; or

      4. Example — escaping a risk of harm related to sexual or domestic and family violence; or accessing support from a domestic and family violence support service

      5. in the event of an emergency situation; or

      6. as otherwise required or permitted under a direction given to the person by an emergency officer (public health); and

    4. must wear a protective mask whenever directed to do so by an emergency officer (public health) and when leaving self-isolation as permitted under paragraph 7(c), unless it is not practicable because of the emergency situation or the need to avoid immediate injury or illness or to escape a risk of harm; and

    5. any travel under paragraph 7(a), 7(c)(i) or 7(c)(iv) must be by:

      1. private vehicle; or

      2. a taxi with a protective shield between driver and passenger or a taxi van that allows for physical distancing between the driver and passenger; or

      3. ambulance service; or

      4. transport arranged by a government authority; or

      5. if travel by (f)(i) through (iv) is not available, a taxi or ride share with the person wearing a protective mask and sitting in the back seat on the passenger side; and

    6. must not permit any other person to enter the premises unless that other person:

      1. usually resides at the premises or is residing at the premises for the purpose of self-isolation; or

      2. enters the nominated premises to provide emergency, medical or other essential care to a person residing in the premises; or

      3. as otherwise required or permitted under a direction given to the person by an emergency officer (public health).

  3. A person subject to paragraph 7 is given clearance from self-isolation at the earlier of:

    1. 14 days after diagnosis if a further direction to self-isolate has not been given to the person under section 362H of the Public Health Act 2005;

    2. if a further direction has been given to the person under section 362H of the Public Health Act 2005, 14 days following the issuance of that direction, or any subsequent direction given to the person;

    3. if a registered nurse or a medical practitioner from a treating Hospital and Health Service (as defined under the Hospital and Health Boards Act 2011 (Qld)) certifies that the person has met the ‘release from isolation’ criteria, including where applicable, the criteria for healthcare workers and workers in aged care facilities, as outlined in the ‘Coronavirus Disease 2019 (COVID-19) CDNA National Guidelines for Public Health Units’, as amended from time to time, available at https://www1.health.gov.au/internet/main/publishing.nsf/Content/cdna-song-novel-coronavirus.htm.

  4. Certification under paragraph 8(c) must be in writing but is not required to be in a particular form.

Definitions

For the purposes of this Public Health Direction:

  1. Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005.

    Note: emergency officers appointed under the Public Health Act are public health officers and police.

  2. Essential medical supplies include medicines prescribed by a doctor or dispensed by a pharmacist that are necessary to maintain treatment of the person’s pre-existing medical conditions, or to treat an urgent medical condition where the absence of prompt treatment would likely produce an adverse health outcome for the person.

  3. Premises has the same meaning as in Schedule 2 of the Public Health Act 2005, but excludes vehicles.

PART 2 - PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

  • A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
  • Maximum penalty—100 penalty units or 6 months imprisonment.

Dr Jeannette Young
Chief Health Officer

23 October 2020

Published on the Queensland Health website at 3.00pm 26 October 2020.

Last updated: 26 October 2020

Understanding this Direction

Information to help you understand what this Direction means for Queensland residents diagnosed with COVID-19.

Find out more